TITLE XVI. Cruelty to Animals. SEC. 655. Overdriving animal; failing to provide proper suste nance. 656. Abandonment of disabled animal. 657. Failure to provide proper food and drink to impounded animal. 658. Selling or offering to sell or exposing diseased animal. 659. Carrying animal in a cruel manner, a misdemeanor. 660. Animal wantonly poisoned, or attempted t be poisoned, a misdemeanor. 661. Throwing substance injurious to animals in public place, a misdemeanor. 662. Keeping milch cows in unhealthy laces and feeding them with food producing unwholesome milk a misdemeanor. 663. Transporting animals for more than 24 consecutive hours a misdemeanor. 664. Setting on foot fights between birds and animals, a misdemeanor. 665. Keeping, etc., a place where animals are fought, a misdemeanor. 666. Running horses on highway, a misdemeanor. 667. Leaving state to elude provisions of this Title. § 665. Overdriving animal; failing to provide proper sustenance.-A person who overdrives, overfoads, tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills any animal, whether wild or tame, and whether belonging to himself or to another, or deprives any animal of necessary sustenance, food or drink, or neglects or refuses to furnish it such sustenance or drink, or causes, procures or permits any animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed, or to be deprived of necessary food or drink, or who willfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal, or any act tending to produce such cruelty, is guilty of a misdemeanor. See Code Cr. Proc., § 66. Cruel mode of slaughtering, indict. able. Davis v Society, etc., 16 Abb. Pr. (N. S.), 73. Servant acting under master's order iable. Peo. v. Tinsdale, 10 Abb. Pr. (N. S.), 374. See Broadway Stage Co. v. Society, etc., 15 Abb. Pr (N. S.), 51; Peo. v. Brunell, 48 How. Pr., 435. Using dog in tread-mill. Peo. v. S Sess. of N. Y., 4 Hun, 441. See Warren v. Perry, 14 Hun, 337. See Ross' Case, 3 C. H. Rec., 191; Peo. v. Stakes, 1 Wh., 111; Morris' case, 6 C. H. Rec., 62; Lashine's case, 4 C H. Rec., 26, Davis v. Am. Soc, etc.; 75 N. Y., 363. Stage horse eases, 15 Abb. Pr. N. S., 59. Pigeon Shooting, Paine v. Bergh, 1 C. C. R., 160. § 656. Abandonment of disabled animal.—A person being the owner or possessor, or having charge or custody of a maimed, diseased, disabled or infirm animal, who abandons such animal, or leaves it to die in a street, road or public place, or who allows it to lie in a public street, road or public place more than three hours after he receives notice that it is left disabled, is guilty of a misdemeanor. Any agent or officer of the American Society for the Prevention of Cruelty to Animals, or of any society duly incorporated for that purpose, may lawfully destroy or cause to be destroyed any animal found abandoned and not properly cared for, appearing in the judgment of two reputable citizens called by him to view the same in his presence, to be glandered, injured or diseased past recovery for any useful purpose. When any person arrested is, at the time of such arrest, in charge of any animal or of any vehicle drawn by or containing any animal, any agent of said society may take charge of such animal and of such vehicle and its contents, and deposit the same in a safe place of custody, or deliver the same into the possession of the police or sheriff of the county or place wherein such arrest was made, who shall thereupon assume the custody thereof; and all necessary expenses incurred in taking charge of such property shall be a lien thereon. [AM'D CH. 144 OF 1888, AND AGAIN CH. 490 OF 1888.] § 657. Failure to provide proper food and drink to impounded animal.-A person who having impounded or confined any animal, refuses or neglects to supply to such animal during its confinement a sufficient supply of good and wholesome air, food, shelter and water, is guilty of a misdeameanor. § 658. Selling or offering to sell or exposing disabled animal. A person who willfully sells or offers to sell, uses, exposes, or causes or permits to be sold, offered for sale, used or exposed, any horse or other animal having the disease known as glanders or farcy, or other contagious or infectious disease dangerous to the life or health of human beings, or animals, or which is diseased past recovery, or who refuses upon demand to deprive of life an animal affected with any such disease, is guilty of a misdemeanor. § 659. Carrying animal in a cruel manner, a misde meanor.—. - A person who carries or causes to be carried in or upon any vessel or vehicle or otherwise, any animal in a cruel or inhuman manner, or so as to produce torture, is guilty of a misdemeanor. See § 663, post. § 660. Animal wantonly poisoned or attempted to be poisoned, a misdemeanor.-A person who unjustifi ably administers any poisonous or noxious drug or substance to an animal, or unjustifiably exposes any such drug or substance with intent that the same shall be taken by an animal, whether such animal be the property of himself or another, is guilty of a misdemeanor. See Code, Cr. Proc., § 56. § 661. Throwing substances injurious to animals in public place, a misdemeanor.-A person who willfully throws, drops or places, or causes to be thrown, dropped or placed upon any road, highway, street or public place thereon, any glass, nails, pieces of metal, or other substance which might wound, disable or injure any animal, is guilty of a misdemeanor. [Am'd ch. 523 of 1885.] § 662. Keeping milch cows in unhealthy places, and feeding them with food producing unwholesome milk, a misdemeanor.- A person who keeps a cow or any animal for the production of milk, in a crowded or unhealthy place, or in a diseased condition, or feeds such cow or animal upon any food that produces impure or unwholesome milk, is punishable by a fine not less than fifty dollars, or imprisonment not exceeding one year, or by both. Flanders v. Peo, 4 Alb. L. J., 316. § 663. Transporting animals for more than twentyfour consecutive hours, a misdemeanor. - A railway corporation, or an owner, agent, consignee, or person in charge of any horses, sheep, cattle, or swine, in the course of, or for transportation, who confines, or causes or suffers the same to be confined, in cars for a longer period than twenty four consecutive hours, without unloading for rest, water and feeding, during ten consecutive hours, unless prevented by storm or inevitable accident, is guilty of a misdemeanor. In estimating such confinement, the time during which the animals have been confined without rest, on connecting roads from which they are received, must be computed. If the owner, agent, consignee, or other person in charge of any such animals refuses or neglects upon demand to pay for the care or feed of the animals while so unloaded or rested, the railway company, or other carriers thereof, may charge the expense thereof to the owner or consignee and shall have a lien thereon for such expense. § 664. Setting on foot fights between birds and animals, a misdemeanor. A person who sets on foot, instigates, promotes, or carries on, or does any act as assistant, umpire, or principal, or is a witness of, or in any way aids in or engages in the furtherance of any fight between cocks or other birds, or dogs, bulls, bears, or other animals, premeditated by any person owning, or having custody of such birds or animals, is guilty of a misdemeanor punishable by fine not less than ten dollars, nor more than one thousand dollars, or by impris onment not less than ten days nor more than one year, or both. § 665. Keeping pit, etc.-A person who keeps or uses, or is in any manner connected with, or interested in the management of, or receives money for the admission of any person to, a house, apartment, pit or place kept or used for baiting or fighting any bird or animal, and any owner or occupant of a house, apartment, pit or place who willfully procures or permits the same to be used or occupied for such baiting or fighting, is guilty of a misdemeanor. Upon complaint under oath or affirmation to any magistrate authorized to issue warrants in criminal cases, that the complainant has just and reasonable cause to suspect that any of the provisions of law relating to or in any wise affecting animals are being or about to be violated in any particular building or place, such magistrate shall immediately issue and deliver a warrant to any person authorized by law to make arrests for such offenses, authorizing him to enter and search such building or place, and to arrest any person there present found violating any of said laws, and to bring such person before the nearest magistrate of competent jurisdiction, to be dealt with according to law. [AM'D CH. 144 OF 1888.] § 666. Running horses on highway.-A person driv ing any vehicle upon any plank road, turnpike or public highway, who unjustifiably runs the horses drawing the same, or causes, or permits, them to run, is guilty of a misdemeanor. See Code, Cr., Proc., §§ 56, 57. § 667. Leaving state to elude provisions of this title. -A person who leaves this state with intent to elude any of the provisions of this title or to commit any act out of this state which is prohibited by them, or who, being a resident of this state, does any act without this state, pursuant to such intent, which would be punishable under such provisions, if committed within this state, is punishable in the same manner as if such act had been committed within this state. § 668. Fines and penalties to whom paid.—All fines, penalties or forfeitures imposed or collected for a violation of the provisions of this title, or of any act for the prevention of cruelty to animals, now in force or hereafter passed, must be paid on demand to the American Society for the Prevention of Cruelty to Animals; except where the prosecution shall be instituted or conducted by a society for the prevention of cruelty to animals duly incorporated under the general laws of this State, in which case such fine, penalty or forfeiture must be paid on demand to such society. A constable or police officer must, and any agent or officer of any of said societies may, arrest and bring before a court or magistrate having jurisdiction, any person offending against any of the provisions of this title. Any officer or agent of any of said societies may lawfully interfere to prevent the perpetration of any act of cruelty upon any animal in his presence. Any person who shall interfere with or obstruct any such officer or agent in the discharge of his duty shall be guilty of a misdemeanor. Any of said societies may prefer a complaint before any court, tribunal or magistrate having jurisdiction, for the violation of any law relating to or affecting animals, and may aid in presenting the law and facts before such court tribunal, or magistrate in any proceeding taken. The officers and agents of all duly incorporated societies for the prevention of cruelty to animals or children are hereby declared to be peace officers within the provisions of section one hundred and fifty-four of the Code of Criminal Procedure. [AM'D CH. 144 OF 1888, AND AGAIN CH. 490 OF 1888.] Stage horse cases, 15 Abb. Pr. (N. S.), 59. § 669. Definitions.-1. The word "animal," as used In this Title, does not include the human race, but in cludes every other living creature ; 2. The word "torture" or "cruelty" includes every act, omission, or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted; 3. The words "impure and unwholesome milk " include all milk obtained from animals in a diseased or unhealthy condition, or who are fed on distillery waste, usually called "swill" or upon any substance in a state of putrefaction or fermentation. |